Part 1: Online-Information Service “Purest Magazine”
- brandgroup Kommunikation und digitale Medien GmbH (hereinafter „brandgroup“) offers „Purest Magazine“, an online information service via the Internet network to her subscribers. The information is only for the private, non-commercial use of the subscribers. The information will contain nudity (e.g. art nude pictures or/and videos) and is not suitable for minors.
- Subscribers must be over 18 years old or older or of legal age or older of the country whose citizens they are (e.g. 21 years for AL, MS, NE, and WY).
- You become a subscriber by filling in a registration form and the following acceptance by brandgroup. Subscribers are bound by this agreement.
- There are several membership plans. While some might be free of charge, most of them are paid membership plans you are buying from brandgroup.
- Subscribers of paid membership plans contract themselves to pay periodic subscription fees according to the then-current rates. Subscription fees are non-refundable. Extra charges may be incurred by the subscriber for special services, to which the subscriber may separately contract himself (like buying online-shop items, merchandise, printed quarterly magazine issues, … – also refer to Part 2 of these Terms: “Online Shop”). Payment can be made only according to the methods specified by brandgroup.
- If third parties are commissioned for payment processing (hereinafter “Payment Partners”), their terms and conditions apply.
- When a package has been chosen with a so-called recurring membership, membership subscriptions will be automatically renewed, unless Subscriber cancels the subscription by giving a note to brandgroup in case of free membership plans at least two days prior to membership expiration or using the methods offered by brandgroup’s payment partners in case of paid membership plans. When the subscriber requests the cancellation of a paid plan, subscription fees are NOT refunded. Note, that the membership is not terminated immediately after cancellation. The subscriber will be able to access his membership account until the expiration date.
- Subscription may be terminated at any time and without cause, by either brandgroup or the subscriber upon due notification.
- Subscriptions may not be assigned or transferred to any other person or entity. Subscribers are not allowed to make the information, obtained from or via brandgroup, available to non-subscribers, unless otherwise clearly stated. Subscribers must keep their access codes strictly confidential. In case of any infringement of this clause, the subscriber shall incur a fine of 1.000,00 USD, payable at call, without any prejudice to all other liabilities of the subscriber for any unauthorized use of this access codes, and to the rights of brandgroup to demand compensation for all damages and loss of profits caused by the subscriber’s infringement.
- Subscribers to the site are granted a restricted non-exclusive and non-transferable right of use of the site i.e. to access the service or material located at this website under the suspensive condition of payment by the subscriber of all amounts due which are stated on the site or on the payment pages provided by brandgroup’s payment partners. This restricted non-exclusive and non-transferable right of use shall be granted for sole use to one subscriber. All memberships are provided for personal use and shall not be used for any commercial purposes or by any commercial entities. Commercial use of either the site or any material found within is strictly prohibited. No material within the site may be transferred to any other person or entity, whether commercial or non-commercial. In addition, materials may not be modified or altered. Materials may not be displayed publicly or used for any rental, sale, or display. Materials shall extend to copyright, trademarks, or other proprietary notices therefrom.
- brandgroup explicitly disclaims all warranties to the availability, accuracy, quality, performance, correct transmission, completeness, or information content. brandgroup states explicitly that the information does not contain any visual material of models under the legal age according to the laws of Austria. brandgroup also explicitly disclaims all liability for any damages resulting from the failure, incompleteness, incorrect transmission of, or errors in the data sent to the subscriber.
- The subscriber indemnifies brandgroup from any third-party liability as a consequence of the unauthorized or illegal use of the information made available by brandgroup to the subscriber.
- If information is made available by the subscriber to brandgroup, whether or not for the use of other subscribers, the subscriber indemnifies brandgroup from any third-party liability concerning this information.
- This agreement is subject to change by brandgroup at any time. Changes are effective upon due notice to the subscriber.
- This agreement is governed by and shall be construed under the laws of Austria / Europe.
Part 2: Online Shop
General terms and conditions with customer information for operating an Austrian online shop. (The following terms and conditions also contain legal information about your rights under the regulations on contracts in distance selling and electronic commerce.)
- Offers and performance descriptions
- Order process and contract conclusion
- Prices and shipping costs
- Delivery and availability of goods
- Payment terms
- Retention of title
- Warranty for defects and guarantee
- Right of withdrawal
- Exclusion of the right of withdrawal
- Storage of the contract text
- Data protection
- Jurisdiction, applicable law, contract language
1.1. The business relationship between brandgroup Kommunikation und digitale Medien GmbH, Franckstraße 45, 4020 Linz – Austria (hereinafter “seller”) and the customer (hereinafter “customer”) shall be governed exclusively by the following general terms and conditions as in effect at the time of the order.
1.2. You can reach our customer service for questions, complaints, and objections on working days from 9:00 a.m. to 6:00 p.m. by e-mail at office(at)purestmagazine.com.
1.3. A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can not be attributed to either their commercial or their independent professional activity (§ 13 BGB).
1.4. Deviating conditions of the customer will not be recognized, unless the seller expressly agrees to their validity in writing.
2. Offers and performance descriptions
2.1. The presentation of the products in the online shop is not a legally binding offer, but an invitation to submit an order. Performance descriptions in catalogs and on the seller’s websites do not have the character of an assurance or guarantee.
2.2. All offers are valid “while stocks last” unless otherwise noted on the products. Apart from that, errors remain reserved.
3. Order process and contract conclusion
3.1. The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart via the button [add to cart].
3.2. Subsequently, the customer can proceed to complete the order process via the button [Proceed to checkout] within the shopping cart.
3.3. By clicking the button [Buy], the customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. Required information is marked with an asterisk (*).
3.4. The seller then sends the customer an automatic receipt confirmation by e-mail. This confirmation of receipt does not constitute acceptance of the offer. The contract is only concluded when the seller dispatches the ordered goods to the customer or confirms the dispatch of the goods in writing (e.g. by e-mail). The purchase contract only comes into effect when the seller ships, delivers, or confirms shipment of the ordered product to the customer within 2 days by means of a second email, explicit order confirmation, or sending the invoice.
3.5. If the seller allows for advance payments, the contract comes into effect when bank information and payment instructions are provided. If payment is not received by the seller within 10 calendar days after the order confirmation is sent, despite reminders, the seller retracts from the contract, meaning the order is null and void and the seller is not obliged to deliver. In this case, the order is completed with no further consequences for either the buyer or the seller. Therefore, advance payment reservations are valid for a maximum of 10 calendar days.
4. Prices and Shipping Costs
4.1. All prices indicated on the seller’s website may exclude the currently valid legal value-added tax. Applicable taxes are included according to the sellers’ citizenship during the purchase process.
4.2. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on the shipping costs page and during the ordering process.
5. Delivery, Product Availability
5.1. If at the time of the customer’s order, there are no examples of the selected product available, the seller informs the customer of this in the order confirmation. If the product is permanently unavailable, the seller does not accept the order. In this case, no contract comes into effect.
5.2. If the product designated by the customer in the order is only temporarily unavailable, the seller also informs the customer of this immediately in the order confirmation. In case of a delivery delay of more than two weeks, the customer has the right to cancel the contract. In all other cases, the seller is also entitled to dissolve the contract. In this case, the seller will promptly refund any payments made by the customer. If advance payment has been agreed upon, delivery will take place after receipt of the invoice amount.
6. Payment Terms
6.1. The customer can choose from the available payment options during and before the completion of the ordering process.
6.2. If payment is to be made by invoice, payment must be made within 7 days of receipt of the goods and invoice. For all other forms of payment, payment must be made in advance without any deductions.
6.3. If third parties are commissioned with the handling of payments, (e.g. PayPal), their general terms and conditions apply.
6.4. If third parties are commissioned with the selling of products in the name of the seller (like print-on-demand quarterly magazine issues), their general terms and conditions apply.
6.5. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer must pay late payment interest at a rate of 5 percentage points above the base interest rate.
6.6. The customer’s obligation to pay late payment interest does not exclude the seller from claiming further damages for late payment.
6.7. The customer is only entitled to set off if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of Title
Until full payment is made, the goods delivered remain the property of the seller.
8. Warranty for Defects and Guarantee
8.1. Warranty is governed by statutory provisions.
8.2. A guarantee is only provided for goods delivered by the seller if it is explicitly given.
9.1. The following exclusions and limitations of liability apply to the seller’s liability for damages, in addition to any other legal requirements for claims.
9.2. The seller is liable without limitation if the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for the slight negligence of violating essential duties, the violation of which endangers the achievement of the contract’s purpose, or for the violation of duties, the fulfillment of which makes the proper performance of the contract possible in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for foreseeable, typical contract damages. The seller is not liable for slight negligence in the violation of other duties than those mentioned in the preceding sentences.
9.4. The above limitations of liability do not apply in the case of injury to life, body, and health, for a defect after taking over a guarantee for the quality of the product, and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. If the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives, and agents.
10. Right of withdrawal (also read our specific “Cancellation Policy” guidelines)
Withdrawal by written statement
Within 14 days of receiving the goods, any customer may withdraw from the contract by submitting a written withdrawal statement without giving reasons. It is sufficient for the withdrawal statement to be sent within this period (the date of the postmark shall apply). In this case, the customer is obliged to return the goods immediately and provide proof of this. The customer shall bear the costs of returning the goods (postage). If the goods have been used and/or damaged, the customer shall pay a reasonable fee for the use, including reasonable compensation for any damage, not exceeding the value of the goods, to the seller. The withdrawal statement shall be sent to the following address:
Purest Magazine – powered by brandgroup Kommunikation und digitale Medien GmbH
Franckstraße 45, 4020 Linz – Austria
Withdrawal by simple return of the goods
The customer may also exercise his right of withdrawal by simply returning the goods to the seller within 14 days of receipt without a written withdrawal statement. In this case, the timely dispatch of the goods shall be sufficient to comply with the deadline. The prerequisite for this form of exercise of the right of withdrawal by simple return of the goods is that the goods are not damaged or used and that the return is adequately stamped. Only in the case of incorrect or defective delivery shall the seller bear the costs of returning the goods (postage).
The customer shall bear the risk and burden of proof for the return. In the event of a withdrawal by the customer (by express statement or simple return of the goods), the seller shall immediately refund the purchase price already paid – shipping costs will not be refunded. If the order was placed on open account, a credit will be made to the customer’s account.
11. Notes on exclusion of the right of withdrawal (also read our specific “Cancellation Policy” guidelines)
The right of withdrawal does not apply to the delivery of goods that are made to customer specifications or that are clearly tailored to personal needs (e.g. printed – large scale – pictures, calendars, … tailored to personal needs) or to the delivery of audio or video recordings or software, … if the data carriers delivered by you have been unsealed and for digital downloadable products provided by the seller e.g. via download-link (videos, images, software, video training, etc.) because of instant download is possible and for data of the Purest Magazine member area, reachable by a user-paid subscription, as because of the nature of the such reached data, transfer to the user’s end device immediately begins after the conclusion of the subscription and with the user’s first login to the Purest Magazine Member Area – before the expiry of the fourteen-day cancellation period.
You have no right to reclaim subscription fees for past or current subscription periods. Of course you can always cancel your recurring membership. Just click here. This will terminate your paid plan and all future payments connected to it. Payments for past or running membership-periods are not refunded because of the exclusion of your right of revocation as mentioned above.
12.1. Before returning a product, customers are asked to notify the seller by mailing to office(at)purestmagazine.com, in order to facilitate the swift return of the product.
12.2. Customers are asked to return the product as a prepaid package to the seller, and to retain the proof of shipment. The seller will reimburse the postage costs in advance if they are not the responsibility of the customer.
12.3. Customers are asked to avoid causing any damage or contamination to the product. The product should be returned in its original packaging, along with all accessories, if possible. If the original packaging is no longer available, a suitable alternative packaging should be used to ensure adequate protection against transport damage and to avoid any potential claims for damages due to inadequate packaging.
12.4. The modalities specified in this section (number 12 Returns) of the T&Cs are not a requirement for the effective exercise of the right of withdrawal as per number 10 “Right of Withdrawal” of these T&Cs.
13. Storage of the Contract Text
13.1. The seller will store the contract text of the order. The T&Cs are available online. The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the final step of the order.
13.2. The seller will also send an order confirmation with all order data to the email address provided by the customer. The customer will also receive a copy of the T&Cs with his order.
14. Data Protection
14.1. The seller processes the personal data of the customer for specific purposes and in accordance with legal regulations.
14.2. The personal data provided by the customer for the purpose of ordering goods (such as name, email address, address, and payment data) will be used by the seller to fulfill and process the contract. This data will be treated confidentially and will not be passed on to third parties that are not involved in the order, delivery, and payment process.
14.3. The customer has the right, upon request, to receive information free of charge about the personal data stored about him by the seller. He also has the right to correct incorrect data, block and delete his personal data, as long as there is no legal retention requirement.
15. Jurisdiction, Governing Law, Contract Language
15.1. The place of jurisdiction and place of performance shall be the seat of the seller if the buyer is a merchant, legal entity of public law or special fund under public law.
15.2. Austrian law shall apply, unless mandatory consumer protection regulations conflict with such application.
15.3. The contract language shall be English.
15.4. European Commission’s online dispute resolution platform for consumers: https://ec.europa.eu/consumers/odr/.
Contracting Party and Jurisdiction
brandgroup Kommunikation und digitale Medien GmbH
Linz is agreed as the place of jurisdiction.
Version dated 2023/01/27